The attention of the Office of the Honourable Attorney
General of the Federation and Minister of Justice has been drawn to a recent
publication by certain social media and conventional news outlets stating that
this Office had purportedly requested the Independent National Electoral
Commission (INEC) to postpone the elections in Zamfara State. The Office of the
Honourable Attorney General of the Federation wishes to emphatically reiterate
that this report is false and misleading.

In our letter dated 13th February 2019
addressed to the INEC Chairman, the Honourable Attorney of the Federation in
reacting to a petition from M.A Mahmud informing this Office of the subsisting
Court of Appeal decision in CA/S/22/2019 which effectively upheld the APC
primaries in Zamfara state, wrote to INEC informing them of this development
and requested the Commission to comply by extending the time within which the
political party may field its candidate in the Gubernatorial elections.

It is pertinent to note that the constraining
circumstances that led to the delay in fielding a candidate were caused by
INEC’s refusal to comply with the Zamfara State High Court Judgment which
upheld the said APC primaries. INEC had relied on a Federal High Court Decision
which nullified the primaries. However, the Court of Appeal decision in
reference has now effectively overturned this decision and upheld the said APC
primaries.

It is also relevant to reiterate the provisions of
sections 38 and 39 of the Electoral Act, 2010, which allows INEC the latitude
and discretion to extend the time within which a political party may duly field
a candidate for an election where unforeseen circumstances constrained such a party
from doing so within the stipulated time frame. It is therefore our position
that shutting a candidate out of the elections despite a subsisting Court of
Appeal decision mandating otherwise would lead to a miscarriage of justice and
certainly not in the interest of giving all parties in Zamfara state a level
playing field. Our letter to INEC is therefore in line with the subsisting
Court of Appeal decision as well as Sections 38 and 39 of the Electoral Act,
2010.

It
is at this point mandatory to reiterate that the issue for contention by the
parties before the trial and appellate court were in no way and by no stretch
of imagination extend to the presidential election which at any rate was not an
issue contemplated for determination by the trial and appellate court.

It is therefore obvious
that what the insinuations in the social media and some conventional news
outlets set out to achieve on the strength of this issue is to confuse the
electorate and Nigerians at large and/or to portray the ruling government as
insensitive to the electoral process.

The public is hereby invited to note that this Office
would not in any way interfere with INEC’s mandate to conduct free and fair
elections and is fully in support of ensuring that justice is done to all the
parties in this circumstance.

Comrade Salihu Othman Isah

Special Adviser, Media and Publicity
to the Honourable Attorney General of the Federation and Minister of Justice,
Abubakar Malami, SAN